In early 2016, an Act was introduced in the New York State Senate and Assembly to curtail the advertisement of short-term rentals - such as those listed on Airbnb - in New York, and drafted to amend both New York state and New York city law to allow for the punishment and fining of offenders for the advertisement of illegal, short-term rentals. That act passed the Assembly and the Senate in June 2016, and was signed into law by Governor Andrew Cuomo on Oct. 21, 2016.
However, in settling subsequent litigation with Airbnb, Governor Cuomo and Mayor Bill de Blasio have, in an effort to protect Airbnb, undercut the express language of the statute. In so doing, the executive branch has usurped the power of New York's legislature, in direct violation of the separation of powers doctrine.
In their latest article for The New York Law Journal, Todd Soloway, Chair of Pryor Cashman's Hotel + Hospitality Group, and Partner Bryan Mohler discuss this situation and potential avenues for aggrieved parties to enforce the law against Airbnb.
The full article can be read here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.